Schrimpscher v. Stockton

Citations

• 183 U.S. 290
• 22 S. Ct. 107
• 46 L. Ed. 203
• 1902 U.S. LEXIS 719

Syllabus

<p>The deed of an Indian, who has received a patent of land providing that it should never be sold or conveyed by the patentee or his heirs without the consent of the Secretary of the Interior, is void, and the statutes of limitation do not run against the Indian or his heirs so long as the condition of incompet.ency remains; but where it appeared that by treaty subsequent to the deed, all restrictions upon the sales of land by incompetent Indians or their heirs, were removed, it was held that from this time the statute of limitations began to run against the grantor and his heirs.</p> <p>Even if Indians while maintaining their tribal relations are not chargeable ■with laches, or failure to assert their claims -within the time prescribed by the statutes, they lose their immunity when their relations with their tribe are dissolved and they are declared to be citizens of the United States.</p> <p>A deed, valid upon its face, made by one having title to the land, and containing the usual covenants of warranty, when received by one purchasing the laud in good faith, with no actual notice of a defect in the title of the grantor, constitutes color of title; and in Kansas, possession without a paper title seems to be sufficient to enable the possessor to set up the statute of limitations.</p> <p>The fact that the Secretary of the Interior might thereafter declare the deed to be void, does not ipso facto prevent the statute from running.</p>